09-06-2011 - Special Joint City Council/CDC Meeting Minutes of - min 07-05-11.joint (2).docM I N U T E S
REGULAR JOINT MEETING OF THE
WEST COVINA CITY COUNCIL
WEST COVINA COMMUNITY DEVELOPMENT COMMISSION
July 5, 2011
Mayor/Chairman Herfert called to order the regular joint meeting of the West Covina City Council and Community Development Commission at 7:07 p.m. in the City Hall Council Chambers,
1444 W. Garvey Avenue, West Covina.
INVOCATION Andrew Pasmant
City Manager
PLEDGE OF ALLEGIANCE Councilmember Karin Armbrust
ROLL CALL Mayor/Chairman Herfert, Mayor Pro Tem/Vice Chair Touhey
Councilmembers/Commissioners Armbrust, Lane
Absent: Councilmember/Commissioner Sanderson
PRESENTATIONS None
REPORTING OUT FROM CLOSED SESSION
City Attorney Arnold Alvarez-Glasman reported the following:
Prior to convening into closed session, all items on the City Council/Community Development Commission (CDC) agenda were announced for inclusion in the closed session discussion. All
members were present except Councilmember/Commissioner Sanderson.
Items on the agenda:
Conference with Labor Negotiators – Employee Organizations: W.C. Police Officers’ Association, W.C. Police Management Association, W.C. Firefighters Association, I.A.F.F., Local 3226,
W.C. Firefighters Management Association, Confidential Employees, Maintenance & Craft Employees, Non-Sworn Safety Support Employees, General Employees, Mid-Management Employees; Miscellaneous
Unrepresented Management Employees: Assistant City Clerk, Assistant City Manager, Community Development Dir., Community Services Dir., Deputy City Manager, Finance Director, Fire Chief,
Dir. Human Resources, Planning Director, Police Chief, Public Works Dir/City Engineer, Dir. Risk Management – City Council received a briefing from the City’s Negotiators with no final
action taken and nothing further to report.
Conference with Legal Counsel – Existing Litigation – Sue Williams – The City Council received a briefing from special counsel with no final action taken regarding resolution of this
matter and nothing further to report.
Conference with Real Property Negotiators –
Properties:
APN 8474-007-035, 037, 928, 932, and 934 ;and
AAA Pad – 2102 S. Azusa Avenue; and
1435 W. Puente Avenue; and
811 South Sunset Avenue – All items were presented to the Community Development Commission and discussed, with no final action taken and nothing further to report.
Conference with Real Property Negotiators – Property: 1350 East San Bernardino Road - The CDC authorized the approval of a Settlement Agreement Amendment to the Regulatory Agreement
with Lark Ellen Limited Partnership and authorized the Mayor/Chair to execute the Agreement.
City Attorney stated the special meeting was recessed at 7:05 p.m. allowing the City Council/CDC to revisit the items.
CHANGES TO THE AGENDA City Manager Pasmant reported a typographical correction to Item #3, Traffic Committee Meeting – the heading of the Ordinance within the recommendation incorrectly
states Virginia Avenue but should be Merced Avenue.
ORAL COMMUNICATIONS
Lloyd Johnson Lloyd Johnson, West Covina resident, spoke in support of Item #12, Department Head and City Council Benefits, as long as it includes everyone from the top to the bottom.
Lydia DeZara Lydia DeZara, West Covina Confidential Association President, spoke on the Confidential Association’s impasse with the City addressing the Association’s wish to assist the
City during its financial crisis but asking that cuts be implemented equally among all employee groups.
Ed Hidalgo Ed Hidalgo, West Covina Maintenance and Crafts Employees’ Association president, addressed the Maintenance and Crafts Employees’ Association impasse with the City and their
desire to have equality with all employee groups.
John Shewmaker John Shewmaker, West Covina resident, commented on a school board member’s comments regarding the replacement of student resource officers (SRO) with security guards expressing
the board member’s implied lack of respect for SRO’s.
Chancela Al-Mansour Chancela Al-Mansour, Housing Rights Center representative, requested approval of funding for the Housing Rights Center.
Jefferson DeRoux Jefferson DeRoux, West Covina resident, commented on the traffic committee’s recommendation to reduce speed on Merced and afterwards addressed the traffic conditions
at Lark Ellen and Cameron and requested Council and staff look into those conditions as well.
Public Works Director Yauchzee responded to Mr. DeRoux’s request stating that the City will look into the area but added that streets with 2 lanes, one in each direction, meet the State
requirement for a 25 mile per hour speed limit whereas 4 lane arterials would not.
Councilmember Touhey requested that the matter raised by Mr. DeRoux be added to the Traffic Committee’s report.
CONSENT CALENDAR
1) Commission Summary of Actions (receive & file)
Summary of Actions Planning Commission – June 14, 2011 & June 28, 2011
2) Ordinances for Adoption
Ordinance for Adoption Code Amendment No. 11-03
Vehicle Storage in the “Service Commercial” Zone
Ordinance No. 2216 ORDINANCE NO. 2216 – AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING CHAPTER 26 (ZONING) OF THE WEST COVINA MUNICIPAL CODE RELATED
TO VEHICLE STORAGE IN THE “SERVICE COMMERCIAL” (S-C) ZONE
Traffic Committee Meeting Minutes (accept & file)
3) Meeting of June 21, 2011
Traffic Committee Recommendation is that the City Council take the following actions:
1. Receive and file the following Minutes of the Traffic Committee meeting held on June 21, 2011:
I. Request:
City Initiated
That the traffic condition on Merced Avenue from Azusa Avenue to Hollenbeck Street be reviewed.
Traffic Committee Recommendation
That Merced Avenue from Azusa Avenue to Hollenbeck Street be posted at 25 miles-per-hour with radar enforced plate, and
2. Introduce the following ordinance to reduce the speed limit on a portion of Merced Avenue from Azusa to Hollenbeck Street from 40 miles per hour to 25 miles per hour:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING SECTION 22-131 OF THE WEST COVINA MUNICIPAL CODE RELATING TO INCREASE OF STATE LAW MAXIMUM SPEEDS (MERCED
AVENUE)
4) Treasurer’s Report (receive & file)
City Treasurer’s Report City Treasurer’s Report for the Month of May 2011
5) CDC Treasurer’s Report CDC Treasurer’s Report for the Month of May 2011
6) Finance Department – Miscellaneous
Jail Phones Award of Bid for Non-Coin Operated Telephones
Recommendation is that the City Council accept the bid of Littlejohn Communications of Malibu, California, to install, maintain, and operate non-coin pay telephones in the City’s jail.
Risk Management – Miscellaneous
7) Placement of FY 2011-12 Excess Workers’ Compensation
Workers’ Compensation Ins. Insurance Coverage
Recommendation is that the City Council authorize payment of the City’s 2011/12 Excess Workers’ Compensation coverage with the Big Independent Cities Excess Pool (BICEP), in the amount
of $69,514, to be paid from account 363.15.1530.6418.
Payment of FY 2011/12 Excess Liability Insurance Coverage and
8) Approval of Continued Membership with the Bid Independent
Liability Insurance Cities Excess Pool (BICEP)
Recommendation is that the City Council:
Authorize payment of the City's 2011/12 excess liability insurance coverage with the Big Independent Cities Excess Pool (BICEP) in the amount of $378,771 to be paid from account 361.15.1530.6411.
Approve West Covina's continued membership in BICEP for an additional three years beginning July 1, 2011.
CONSENT CALENDAR ACTION Motion by Herfert and seconded by Touhey to approve all consent calendar items as presented with the recommendation that the City look at Lark Ellen and Cameron
and have Police enforcement increased in the area. Motion carried by 4 – 0.
HEARINGS
Public Hearing
9) West Covina Citywide Sewer Service Charge
Citywide Sewer Service Chare Mayor Herfert announced the hearing matter and Assistant City Clerk Rush verified that proper legal notice had been given. Mayor Herfert then proceeded
to open the hearing and Public Works Director Shannon Yauchzee gave a brief staff report and stated this hearing will set the rate and approved the collection of sewer assessment through
the County tax bill. Funds will pay for the maintenance of the sewer system; compliance with Federal Clean Water Act laws; street sweeping, and provide for reserves for future replacements
and repairs. Staff is recommending a 4% increase that amounts to 16 cents per month per dwelling. He also pointed out different options detailing how a 3% increase would deplete the
reserves by 2016 and maintaining current rates would deplete reserves by 2013 and would require reduction in services, delays in inspections, cleaning and repairs. He then offered
to answer any questions.
Councilmember Lane inquired whether West Covina would also be installing screens over the collection points.
Mr.Yauchzee replied that the City would soon be implementing a pilot program at a few locations.
Assistant City Clerk Rush verified that 7 written comments had been received on this matter – 5 in opposition and 2 in support.
Public testimony Mayor Herfert opened the public testimony portion of the hearing and called for public comments.
Testimony closed There being no one wishing to address the Council, Mayor Herfert closed the public testimony portion of the hearing.
Motion Motion by Lane and seconded by Herfert to adopt the following resolution.
Resolution No. 2011-41 RESOLUTION NO. 2011-41 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, SETTING THE RATE AND AUTHORIZING THE COLLECTION OF THE ANNUAL
SEWER SERVICE CHARGE THROUGH THE COUNTY TAX BILL
Motion carried 4-0.
Public Hearing
FY 2011/2012 Community Development Block Grant (CDBG)
10) Public Services Project Funding
CDBG Public Services Funding Mayor Herfert announced the hearing matter and Assistant City Clerk Rush verified that proper legal notice had been given. Mayor Herfert then proceeded
to open the hearing and Management Analyst Kelly McDonald gave a brief report on the funding to public service projects for the City of West Covina.
Public testimony Mayor Herfert opened the public testimony portion of the hearing and called for public comments.
Testimony closed There being no one wishing to address the Council, Mayor Herfert closed the public testimony portion of the hearing.
Councilmember Touhey addressed the funding cuts from the Federal Government and said he would support the recommendations.
Motion Motion by Touhey and seconded by Lane to allocate $192,296 in CDBG funds to the Public Service Projects as outlined below from Attachment #1, Column H of the staff report and
authorize the necessary appropriations:
FY 2011-2012 CDBG Public Service Project Funding
Senior Meals Program $60,000
YWCA of San Gabriel Valley – Sr. Citizens Assistance
Program $16,888
Careship Program $25,000
Youth Assistance Program $4,000
Assist. League of Covina Valley $1,723
ESGV Coalition for Homeless $11,848
Volunteers of America – WC Community Service Ctr $9,478
Housing Rights Center $15,000
Action Food Pantry $12,709
YWCA of San Gabriel Valley – Meals on Wheels $5,170
Cory’s Kitchen $10,340
Domestic Violence Victims’ Advocate $20,140
Total $192,296
Motion carried 4-0.
DEPARTMENTAL MATTERS
Human Resources Department
11) Meet and Confer Impasse
Mid-Management/Confidential and West Covina Mid-Management Employees Association
Maintenance & Crafts Associations West Covina Confidential Exempt Employees Association
Meet and Confer Impasse West Covina Maintenance and Crafts Employees Association
Mayor Herfert introduced the subject matter and stated that a staff report will be presented and following the report, labor representatives from the Mid-Management, Confidential or
the Maintenance & Crafts Employees’ Associations will be able to present any additional pertinent information for Council’s consideration.
Assistant City Manager Thomas Bachman presented the staff report. The report addressed the city’s concern with rising costs over the next three year mostly due to employee pensions.
Revenues will not be able to keep up with the rising costs and will lead us to continued budget deficits. The growing deficits will result in lower staffing levels and reduced services.
In an order to mitigate the impact on services, negotiations were focused on ways to offset the rising costs. One goal of the negotiations was to have the miscellaneous groups pay
the 8% employee pension contribution. The report further outlined the areas of agreement between the groups and the city and the areas of impasse.
Presentation by John Adams John Adams, representing Mid-Management, Confidential, and Maintenance & Crafts Employee Associations, addressed the concerns of the groups, specifically that
of equity and fairness.
Recognizing that the public safety contracts do not expire until June 2012, and to address the issue of equity, the miscellaneous groups introduced the “me too” clause to ensure all
groups, including safety, pay the same level of pensions costs when all groups negotiate in 2012.
Mr. Adams suggested that, due to the nature of the dispute and some confusion in communication that it would be beneficial to use a State mediator to bring this matter to a successful
conclusion and asked the Council to consider a mediator.
Mayor Herfert then asked if the Council wished to recess the regular City Council meeting and reconvene into Closed Session discussion to deliberate this matter.
Council did not move to reconvene into Closed Session; therefore, Mayor Herfert stated it was time for Council to move forward with its final determination.
Following comments by the Councilmembers, Mayor Herfert then proceeded to ask the Council if they wished to consider a separate vote for each employee association (Mid-Management, Confidential
and Maintenance & Crafts) or to vote for all three as a group. They decided to consider them as a group and the Mayor then read the following options available to the City Council:
Impose the City’s last, best and final offer as recommended by City staff.
Agree with the Association’s last offer.
Refer the matter back to the City Manager for mediation.
Grant the City’s bargaining team additional authority and go back to the bargaining table.
Do nothing and allow the status quo to continue.
Motion Motion by Herfert and seconded by Touhey to impose the City’s Last, Best and Final offer as recommended by staff and adopt the following resolutions.
Resolution No. 2011-42 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, IMPOSING CHANGES TO THE TERMS AND CONDITIONS OF EMPLOYMENT FOR THE PERIOD OF JULY 1, 2011
THROUGH JUNE 30, 2012, ON EMPLOYEES REPRESENTED BY THE MID-MANAGEMENT EMPLOYEES' ASSOCIATION
Resolution No. 2011-43 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, IMPOSING CHANGES TO THE TERMS AND CONDITIONS OF EMPLOYMENT FOR THE PERIOD OF JULY 1, 2011
THROUGH JUNE 30, 2012, ON EMPLOYEES REPRESENTED BY THE CONFIDENTIAL EMPLOYEES' ASSOCIATION
Resolution No. 2011-44 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, IMPOSING CHANGES TO THE TERMS AND CONDITIONS OF EMPLOYMENT FOR THE PERIOD OF JULY 1, 2011
THROUGH JUNE 30, 2012, ON EMPLOYEES REPRESENTED BY THE MAINTENANCE & CRAFTS EMPLOYEES' ASSOCIATION
Motion carried 4 – 0.
DEPARTMENTAL REGULAR MATTERS
12) Human Resources Department
Department Head Benefits Department Head and City Council Benefits
City Manager Pasmant stated that he and Department Heads wished to lead by example and volunteered to make concessions across the board, that in addition, affects the City Council and
City Manager.
Motion Motion by Lane and seconded by Touhey to adopt the following resolution.
Resolution No. 2011-45 RESOLUTION NO. 2011-45 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING RESOLUTION NO. 2007-65 RELATING TO MANAGEMENT COMPENSATION,
BENEFITS AND CLASSIFICATION OF DEPARTMENT HEADS
Motion carried by 4 – 0.
COUNCIL COMMENTS Mayor Herfert thanked the public for their participation in the Fourth of July event and for raising funds for a worthy cause. In addition, he thanked the employees
for their help.
Councilmember Karin Armbrust also thanked the employees and reiterated the tough economic times and said it was a difficult decision, but it kept the City from bankruptcy and said there
are jobs.
Mayor Pro Tem Touhey also thanked the City staff that was involved in the Fourth of July event and mentioned that other cities are also having financial difficulties and said Council
tried to do their best to avoid layoffs.
Mayor Herfert requested Council to consider doing one presentation per year to recognize sports/business related awards and suggested doing one presentation in September and asked the
Council to submit suggestions for presentations.
ADJOURNMENT Motion by Touhey and seconded by Herfert to adjourn the meeting in memory of Barbara Jean Bell, mother of West Covina Police Lt. Richard Bell.
Motion carried by 4-0.
Submitted by:
_______________________________
Assistant City Clerk Susan Rush
___________________________________
Mayor Steve Herfert